Part 4Loss relief

Chapter 7Losses from miscellaneous transactions

Loss relief against miscellaneous income

152Losses from miscellaneous transactions

F11

If in a tax year (“the loss-making year”) a person makes a loss in a relevant transaction, the person may make a claim for loss relief against relevant miscellaneous income.

2

A transaction is a relevant one if, assuming there were profits or other income arising from it—

a

those profits or that other income would be F6income on which income tax is charged under, or by virtue of, a relevant section 1016 provision (“the relevant provision”), and

b

the person would be liable for income tax charged on those profits or that other income.

F32A

A relevant section 1016 provision” means a provision to which section 1016 applies, other than—

a

regulation 17 of the Offshore Funds (Tax) Regulations 2009 (S.I. 2009/3001) (treatment of participants in non-reporting funds: charge to tax on disposal of asset), or

b

Chapter 9 of Part 4 of ITTOIA 2005 (gains from contracts for life insurance etc).

3

The claim is for the loss to be deducted in calculating the person's net income for the loss-making year and subsequent tax years (see Step 2 of the calculation in section 23).

4

But a deduction for that purpose is to be made only from the person's F8relevant miscellaneous income.

5

F2 The person's “relevant miscellaneous income is so much of the person's total income as is—

a

income or gains arising from transactions, and

F9b

income on which income tax is charged under, or by virtue of, the relevant provision.

This is subject to subsection (6).

6

If the loss was made by the person as a partner in a partnership, the transactions covered by subsection (5)(a) are limited to transactions entered into by the partnership.

7

In calculating a person's net income for a tax year, deductions under this section from the person's F7relevant miscellaneous income are to be made before deductions of any other reliefs from that F7relevant miscellaneous income.

F108

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9

This section needs to be read with—

a

section 153 (how relief works),

b

section 154 (transactions in deposit rights),F4...

F5ba

section 154A (anti-avoidance), and

c

section 155 (claims).